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Changing the Father on Birth Certificate As Well As Child's Last Name

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  • 01-23-2009, 09:26 PM
    blindparadise
    Changing the Father on Birth Certificate As Well As Child's Last Name
    My question involves paternity law for the State of: Virginia

    Long story short my husband and I split up for a few months and saw other people, I got pregnant during that time and we weren't 100% sure on the father because of timing and a very irregular menstrual cycle on my part. My husband and I got back together for a short while, realized it still wasn't going to work and split up. We got a paternity test through a legally recognized company and proved that my husband was indeed NOT the father of our son. However, his name was already put on the birth certificate.

    Our divorce will be finalized in a few weeks and the last order of business we have to address is to have his name removed from the birth certificate as well as have my son's second middle name (which my ex gave him and is a stupid name) dropped and his last name changed. My ex-husband is fully willing to cooperate on this and wishes for this to happen as well. Problem is I have no clue where to start or who to talk to and I would like to do this the cheapest way possible.

    Also, I am now in a happy committed relationship with my current partner. We have a daughter together and he is the only an my son has ever really known as a father. He wishes to be put on the birth certificate and for us all to share a last name which is what I would like as well.

    So my questions are:

    How do I start the process of removing my ex-husband from the birth certificate and can I replace his name with my current partner's (the biological father is not and will not ever be in the picture) name or would a separate adoption need to take place?

    How do I go about changing my child's last name and dropping the middle name? Can I change his last name to my partner's or does it have to be my maiden name or something like that?

    How much approximately will this all cost (name removal/adoption and name change)? At this time i do not wish to remarry I would rather just live as life partners seeing the interesting turn marriage took on my ex-husband and my relationship. Would this be easier if we were married to do?


    Thank you so much.


    -x-posting to adoption since it pertains to that as well and may need that process to be carried through separately
  • 01-23-2009, 10:03 PM
    cyjeff
    Re: Partner Adopting Son
    Quote:

    Quoting blindparadise
    View Post
    How do I start the process of removing my ex-husband from the birth certificate and can I replace his name with my current partner's (the biological father is not and will not ever be in the picture) name or would a separate adoption need to take place?

    Putting an unrelated third parties name on the birth certificate is known, commonly, as fraud.

    If you want your current to adopt the child, he needs to marry you and then go through the process.

    Quote:

    How do I go about changing my child's last name and dropping the middle name? Can I change his last name to my partner's or does it have to be my maiden name or something like that?
    Worry about that as part of the adoption.

    Quote:

    How much approximately will this all cost (name removal/adoption and name change)? At this time i do not wish to remarry I would rather just live as life partners seeing the interesting turn marriage took on my ex-husband and my relationship. Would this be easier if we were married to do?
    It will be an order of magnitude easier to adopt as a married couple. Judges are understandably wary of people that swear they will commit to a child for the next 20 years but don't want to commit to each other.

    Ask around at various law offices and discuss the situation.
  • 01-24-2009, 09:23 PM
    blindparadise
    Re: Partner Adopting Son
    Thanks.

    I dont know how its fraud if you dont know for sure? Because of timing he could have been my ex-husband's or this other guys. That and isnt the name on the birth certificate reflective of parental rights? At the time my ex actually wanted to be a father regardless of whether or not my son was actually his. He was also pretty sure with timing that he was his though, where as I thought he wasnt cause I thought he was sterile. I was on birth control at the time with both of them so it was hard to tell. Anyways, I certainly wasnt intentionally committing any crime and was unaware there was anything illegal about that, it could have been legit.

    I appreciate the advice though:)
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